Does Alabama Limit Money from Your 18-Wheeler Case?
- June 22, 2018
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Some states have set maximum limits on what injured people can collect. In Alabama, this is generally not the case.
Each state has different rules. I often caution my clients not to rely on what happened to their cousin in Iowa as to what will happen here in Alabama.
Plus, the rules can change. Alabama once had a law that limited what an injured person could collect, especially in medical malpractice cases. However, the Alabama Supreme Court found that law to be unconstitutional. So as of right now, with a few exceptions, there are no limits.
One exception concerns punitive damages. These damages are very rare in traffic accidents but are often discussed in mass tort cases like those involving prescription drugs or chemical factories. Here you must prove a high level of organized wrong doing. In these cases, the legislature has set whichever is smaller of 3 times what the injury has cost you (wages, medical expenses, pain and suffering, etc.) or one and a half million dollars.
The other exception is if you are hurt by a government entity. This can range from a sheriff’s deputy running a red light to plaster falling off city hall. Here you can only collect $100,000. There is no exception. You probably realize that if you are seriously injured, this will not even come close to paying your medical bills … let alone a lifetime of living expenses.
To navigate the specific rules that will impact your case, my strong advice is to choose a lawyer in the area you were injured who has experience in your specific type of case.
Also join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30 right after the news. We will take your calls live.
Alabama personal injury lawyer